MANILA, Philippines - A Manila judge has quashed the warrant of arrest against Senior Police Officer 2 Gregorio Mendoza after he showed up during the resumption of the hearing on charges of serious disobedience against him.
Chief Public Attorney Persida Rueda Acosta said she has appealed to the Manila regional trial court to dismiss the case against the brother of slain hostage-taker Rolando Mendoza pending before the Manila metropolitan trial court (MTC).
“We filed a petition for certiorari questioning the denial of the motion to quash and the motion for reconsideration of Gregorio Mendoza in connection with the serious disobedience case filed by the (Manila Police District or) MPD,” she said.
Acosta said they named MTC Branch 11 Judge Ermin Miguel as a respondent in the petition to protect Mendoza’s rights “because the case filed against him is not supported by any facts, any document, or any evidence that he had disobeyed any lawful or any higher authority.”
She said that “under the law, a serious disobedience can only be committed if there is an order given to him that he violated. And the orders should be lawful.”
Acosta said no formal complaint was filed against Mendoza for serious disobedience. “Only a charge sheet was submitted to the court,” she said.
“There was no complaint and there was no resolution for him to be charged.”
Acosta said Mendoza was not able to appear in court because he was sick during the last hearing.
“And this afternoon, Judge Miguel already lifted the warrant (of arrest) against him.” Acosta said the court set the next hearing on Feb. 22 next year.